commissioner jarboe moved, seconded by … 052405.pdfand catnip court (862’). commissioner...

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ST. MARY’S COUNTY BOARD OF COUNTY COMMISSIONERS’ MEETING GOVERNMENTAL CENTER Tuesday, May 24, 2005 Present: Commissioner President Thomas F. McKay Commissioner Kenneth R. Dement Commissioner Lawrence D. Jarboe Commissioner Thomas A. Mattingly, Sr. Commissioner Daniel H. Raley George G. Forrest, County Administrator Donna Gebicke, Administrative Assistant (Recorder) Kate Mauck, Senior Administrative Coordinator (Recorder) Kate Mauck recorded the following minutes: CALL TO ORDER The meeting was called to order at 9:13 a.m. APPROVAL OF CHECK REGISTER Commissioner Jarboe moved, seconded by Commissioner Mattingly, to authorize the Commissioner President to sign the Check Register. Motion carried, 5-0. APPROVAL OF MINUTES

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Page 1: Commissioner Jarboe moved, seconded by … 052405.pdfand Catnip Court (862’). Commissioner Mattingly moved, seconded by Commissioner Jarboe, to approve and authorize the Commissioner

ST. MARY’S COUNTY

BOARD OF COUNTY COMMISSIONERS’ MEETING

GOVERNMENTAL CENTER

Tuesday, May 24, 2005

Present: Commissioner President Thomas F. McKay

Commissioner Kenneth R. Dement

Commissioner Lawrence D. Jarboe

Commissioner Thomas A. Mattingly, Sr.

Commissioner Daniel H. Raley

George G. Forrest, County Administrator

Donna Gebicke, Administrative Assistant (Recorder)

Kate Mauck, Senior Administrative Coordinator (Recorder)

Kate Mauck recorded the following minutes:

CALL TO ORDER

The meeting was called to order at 9:13 a.m.

APPROVAL OF CHECK REGISTER

Commissioner Jarboe moved, seconded by Commissioner Mattingly, to authorize

the Commissioner President to sign the Check Register. Motion carried, 5-0.

APPROVAL OF MINUTES

Page 2: Commissioner Jarboe moved, seconded by … 052405.pdfand Catnip Court (862’). Commissioner Mattingly moved, seconded by Commissioner Jarboe, to approve and authorize the Commissioner

Commissioner Jarboe moved, seconded by Commissioner Dement, to approve the

minutes of the Commissioners’ meeting of Tuesday, May 17, 2005 as corrected.

Motion carried, 5-0.

PROCLAMATION

The Board of County Commissioners issued a proclamation in honor of National Drug

Court Month.

COUNTY ADMINISTRATOR

1. Draft Agendas for May 31 and June 7, 2005

2. College of Southern Maryland and Department of Public Works &

Transportation

Present: Elaine Ryan, CSM

George Erichsen, Director, DPW&T

Commissioner Mattingly moved, seconded by Commissioner Dement, to approve

and sign Petition for Grant in the amount of $447,000 on behalf of the College of

Southern Maryland for the purpose of designing a wellness center and pool

facilities at the CSM Leonardtown Campus. Motion carried, 5-0.

3. Department of Public Works & Transportation

Present: George Erichsen, Director

a. Public Works Agreement Addendum for the Kingston Subdivision, Phase 2.

Located in the 3rd Election District with an expiration date of November 1, 2005.

The Letter of Credit provided by the Maryland Bank & Trust Company in the

Page 3: Commissioner Jarboe moved, seconded by … 052405.pdfand Catnip Court (862’). Commissioner Mattingly moved, seconded by Commissioner Jarboe, to approve and authorize the Commissioner

amount of $71,500 remains as posted based on the Department’s Inspection

Report dated March 29, 2005. The Public Works Agreement and Letter of Credit

in the amount of $213,200 were originally issued on June 19, 2001. The roads

included in this agreement are: Marigold Street (991’), Rosebay Street (629’),

and Catnip Court (862’).

Commissioner Mattingly moved, seconded by Commissioner Jarboe, to

approve and authorize the Commissioner President to sign Public Works

Agreement Addendum for Kingston Subdivision, Phase 2. Motion carried, 5-

0.

b. Claim Letter to Cedar Point Federal Credit Union in the amount of $75,400 for

the Aberdeen Subdivision, Section 2, Phase 1, based on the Department’s

Inspection Report dated April 7, 2005. Located in the 2nd Election District with

an expiration date of June 1, 2005. The Public Works Agreement and Letter of

Credit in the amount of $75,400 were originally issued on February 12, 1999. The

roads included in this agreement are: Aberdeen Lane (908’) and Burns Drive

(1,383’).

c. Claim Letter to Cedar Point Federal Credit Union in the amount of $24,700 for

the Aberdeen Subdivision, Section 2, Phase 2, based on the Department’s

Inspection Report dated April 7, 2005. Located in the 2nd Election District with

an expiration date of June 1, 2005. The Public Works Agreement and Letter of

Credit in the amount of $24,700 were originally issued on August 9, 1999. The

road included in this agreement is: Nelson Court (442’).

Commissioner Dement moved, seconded by Commissioner Raley, to approve

and authorize the Commissioner President to sign Claim Letters for items b

and c. Motion carried, 5-0.

4. St. Mary’s County Public Schools

Page 4: Commissioner Jarboe moved, seconded by … 052405.pdfand Catnip Court (862’). Commissioner Mattingly moved, seconded by Commissioner Jarboe, to approve and authorize the Commissioner

Present: Brad Clements, Chief Administrative Officer

Gary Childress, Supervisor of Food Services.

Commissioner Raley moved, seconded by Commissioner Jarboe, to approve and

sign letter to the Board of Education approving the increase in the revenue and

expense budget for FY2005 for the Food Services Revolving Fund. Motion

carried, 5-0.

5. Department of Economic and Community Development

Present: Donna Sasscer, Agriculture Manager

John Savich, Director

Commissioner Jarboe moved, seconded by Commissioner Dement, to approve

the scheduling of a public hearing for property owners George McWilliams,

Steve Purvins, and James Raley, who wish to participate in the Maryland

Agriculture Land Preservation Program. Motion carried. 5-0.

Commissioner Jarboe requested that the matter move forward as quickly as possible.

6. Department of Recreation, Parks, and Community Services & Real Property

Manager

Present: Phil Rollins, Director

Joyce Malone, Real Property Manager

Debra Pence, Museum Director

Commissioner Dement moved, seconded by Commissioner Raley, to approve

and authorize the Commissioner President to sign Piney Point Lighthouse

Keeper’s Quarters Lease Agreement. Motion carried, 5-0.

Page 5: Commissioner Jarboe moved, seconded by … 052405.pdfand Catnip Court (862’). Commissioner Mattingly moved, seconded by Commissioner Jarboe, to approve and authorize the Commissioner

7. Real Property Manager and County Attorney

Present: Joyce Malone, Real Property Manager

John B. Norris, III, County Attorney

Commissioner Mattingly moved, seconded by Commissioner Raley, to approve

and authorize the Commissioner President to sign Contract of Purchase and

Sale with Southern Maryland Property Management Associates, LLP for the

purchase of county-owned property contiguous to the Captain Walter Francis

Duke Airport. Commissioner Jarboe voted against the motion based on the lack

of a public offering; all other Commissioners voted in favor. Motion carried, 4-

1.

8. Human Resources Department

Present: June Robrecht, Acting Director

Amber Norris, Senior Human Resource Specialist

Commissioner Dement moved, seconded by Commissioner Raley, to approve

and sign Budget Amendment for a shortage in Rescue Length of Service Award

Program (LOSAP) funds through June 20, 2005. Commissioner Mattingly

abstained from the vote; all other Commissioners voted in favor. Motion

carried, 4-0.

9. Finance Department

Present: Elaine Kramer, Chief Financial Officer

a. Commissioner Mattingly moved, seconded by Commissioner Raley, to

approve and authorize the Commissioner President to sign a Budget

Page 6: Commissioner Jarboe moved, seconded by … 052405.pdfand Catnip Court (862’). Commissioner Mattingly moved, seconded by Commissioner Jarboe, to approve and authorize the Commissioner

Amendment in the amount of $5,000 for the Unified Committee for Afro-

American Contributions for the June 2005 Juneteenth event. Commissioner

Jarboe voted against the motion; all other Commissioners voted in favor.

Motion carried, 4-1.

b. Commissioner Raley moved, seconded by Commissioner Dement, to approve

and authorize the Commissioner President to sign a Budget Amendment in

the amount of $9,500 for St. Mary’s Caring, Inc. in order to provide partial

support of the cost for the renovation and replacement of the kitchen for

their new facility location. Motion carried, 5-0.

Also Present for item c: Phil Rollins, Director, Recreation, Parks, and Community

Services

c. Commissioner Jarboe moved, seconded by Commissioner Dement, to approve

and authorize the Commissioner President to sign Budget Amendments to

close/reduce nine projects totaling $573,001, of which $142,772 is County

funding. Motion carried, 5-0.

(PWKS Department: $385,000-Regional Stormwater Management, $104,911-

Retrofit Sidewalk Program, $18,413-Airport Security, $194 for

Archives/Elections Building, $909- Adult Detention Center, $3,238-

Isabel/Buildings) (RP&CS Department: $2,081-Bushwood Wharf Capital

Project, $16,538-Chaptico Park Capital Project, $41,717-Charlotte Hall

Community Recreation Center Capital Project)

Commissioner Mattingly spoke regarding vandalism issues that have occurred

and asked Mr. Rollins to take whatever steps are necessary in order to protect

Chaptico Park and other parks as necessary from vandalism. Commissioner

Jarboe requested that RP&CS take steps to inspect, clear, and fill in with grass

seed those patches of ground at one of the Chaptico Park fields where chunks

of wood/roots, etc. are coming up from the ground.

Page 7: Commissioner Jarboe moved, seconded by … 052405.pdfand Catnip Court (862’). Commissioner Mattingly moved, seconded by Commissioner Jarboe, to approve and authorize the Commissioner

DEPARTMENT OF LAND USE AND GROWTH MANAGEMENT

Present: Denis Canavan, Director

Harry Knight, Permits Coordinator

DECISION REGARDING PROPOSED AMENDMENT TO THE COMPREHENSIVE

WATER & SEWER PLAN: CWSP #04-120-039, THE CROSSINGS AT RIVERSIDE

FARM AND PRESENTATION OF RESOLUTION

Commissioner Raley asked if the matter of the Decision regarding an Amendment to the

Comprehensive Water and Sewer Plan on The Crossings at Riverside Farm could be

moved to the afternoon portion of the meeting. The other Commissioners agreed to

move the matter to the afternoon.

DECISION ON PROPOSED CHANGES TO USER FEES & PRESENTATION OF

ORDINANCE

The Department of Land Use and Growth Management presented an Ordinance for

consideration and final decision regarding proposed changes to User Fees. The Board of

County Commissioners conducted a public hearing regarding the matter on April 26,

2005, with no public comment at that time. In addition, no written public comment was

submitted during the ten-day open comment period.

Commissioner Mattingly moved to approve the Ordinance as submitted. As there

was no second on the motion, the motion failed.

Mr. Canavan was asked to provide a list of current User Fees and to respond to

questions asked about flat fees regardless of acreage, boundary line adjustment plat fees,

and how refunding might be offered on appeal matters with for the Board of Appeals. It

Page 8: Commissioner Jarboe moved, seconded by … 052405.pdfand Catnip Court (862’). Commissioner Mattingly moved, seconded by Commissioner Jarboe, to approve and authorize the Commissioner

was determined that the matter would be continued in the afternoon portion of the

meeting for further discussion/decision.

REQUEST FOR AUTHORIZATION TO PROCEED REGARDING PROPOSED TEXT

AMENDMENT: EXEMPTION FROM CLUSTERING REQUIRED FOR FAMILY

CONVEYANCE SUBDIVISION

Also Present: John B. Norris, III, County Attorney

The Department of Land Use and Growth Management requested authorization to

proceed with the preparation of a proposed text amendment that would allow owners of

land in the RPD to create more than five lots for family members without requiring the

minimum 50% open space now required. Discussion took place regarding the 50%

clustering mandatory rule, exemptions for family members, exception(s) and limitations,

land preservation, TDRs, limiting the exemption to 10 lots, and retention of ownership.

Commissioners authorized the Department of Land Use and Growth Management to start

the text amendment process on this matter. The Commissioners would like to look at the

number ten for lots in order to determine whether or not that number is appropriate, and

they would like to further discuss and debate the issues of retention of ownership. (Note:

will go to Planning Commission first, and will then come back in the form of a public

hearing)

COMMISSIONERS’ TIME

Commissioner Mattingly

Stated that Commissioners attended many functions throughout the county during the

past week as follows:

Page 9: Commissioner Jarboe moved, seconded by … 052405.pdfand Catnip Court (862’). Commissioner Mattingly moved, seconded by Commissioner Jarboe, to approve and authorize the Commissioner

Attended the Sheriff’s Office 2005 Awards Ceremony – expressed congratulations as

well as appreciation to the many individuals that were working in the Sheriff’s Office,

Detention Center, and working on the street, as well as a Citizen’s Award that was

presented.

Several attended the Drug Court Team event hosted by Judge Kaminetz. There appears

to be a lot of support in the community for the Drug Court.

Extended congratulations to Robbie Loker for her recent retirement from the Department

of Social Services, with a nice retirement event held at St. Mary’s City.

Reported that the Sheriff’s Open House over the weekend was well attended, and they

had nice displays for the public, outlining the tools they use and the jobs they perform.

St. Mary’s Nursing Center had a Preakness Party and Auction in their efforts to raise

funds.

Reported that he participated in a fundraiser for the Leonardtown High School band that

was held at Swing-And-Swat over the weekend, and they are to be congratulated.

Commissioner Jarboe

Asked staff to write a letter for Commissioners to submit to Congressman Hoyer

regarding the recent Federal Emergency Management Agency (FEMA) determination

that citizens in Golden Beach must purchase flood insurance. Would like to ask the

Congressman to review what is going on at FEMA with this situation and ask them to

take a new look at the floodplain in Golden Beach and throughout the county.

Asked that LUGM respond to letter regarding Semour’s Junk Yard and the numerous

problems with that situation. Stated that it is a conditional use and that they must follow

the process. Asked that a public information request from the Commissioners be

Page 10: Commissioner Jarboe moved, seconded by … 052405.pdfand Catnip Court (862’). Commissioner Mattingly moved, seconded by Commissioner Jarboe, to approve and authorize the Commissioner

submitted into the Maryland Department of the Environment to ask for their file in order

to review some of the statements on this issue; also would like to see LUGM

documentation regarding the issue, and outlined whether it is a buffer issue, etc. It was

determined that this should be a LUGM issue to investigate, and that the Commissioners

would like to review the file from the Maryland Department of the Environment.

Commissioner Raley

Reported that he attended a retirement ceremony at Ridge Elementary School in honor of

Dr. Janet Kellam, principal at the school, and reported that she will be sorely missed.

Reported that he and Commissioner President McKay recently met with the Maryland

Department of the Environment at the Chamber of Commerce regarding adequate public

facilities, and he thanked the Chamber for their proactive response to TDR issues, etc.,

and reported that they are providing good service to the citizens of the county.

Stated that he, Commissioner Mattingly, and Commissioner Dement recently attended the

Ridge Rescue Squad Ribbon-Cutting event. It is a wonderful facility which is completely

paid for, and the members deserve a lot of credit.

Reminded parents of upcoming graduates from high schools in the county to keep control

and careful watch of their children during the upcoming graduation dates so that they are

safe. Encouraged the students to attend Project Graduation.

Commissioner Dement

Attended the Ridge Rescue Squad Ribbon-Cutting event.

He and Commissioner Jarboe attended the Blessing of the Bikes event.

Attended the Swing-And-Swat fundraiser for the Leonardtown High School band.

Page 11: Commissioner Jarboe moved, seconded by … 052405.pdfand Catnip Court (862’). Commissioner Mattingly moved, seconded by Commissioner Jarboe, to approve and authorize the Commissioner

Stated that the many law officers in the county were recognized last Tuesday on Law

Enforcement Appreciation Day, and that there was very good public attendance in honor

of the event.

Stated that the Drug Court Team event and recognition of graduates was a very nice

event.

Commissioner President McKay

Reported that last Wednesday he and Teresa Wilson attended the National Advisory

Council for Historic Preservation event in Annapolis. St. Mary’s County was designated

as a 2005 Preserve America Community, and there will be future ceremonies in honor of

this designation. Commissioner President McKay read a letter that was signed by Mrs.

Laura Bush, First Lady and Honorary Chair of the Committee. Citizens will be seeing

more about this designation including road signage, etc. Expressed thanks to all who

assisted in receiving this award.

PUBLIC HEARING: PROPOSED AMENDMENTS TO THE COMPREHENSIVE

ZONING ORDINANCE TEXT REGARDING OFFICE AND BUSINESS PARKS

(OBP ZONE) – RESIDENTIAL USES, DMX ZONE

Present: Denis Canavan, Director, Land Use and Growth Management

Jeff Jackman, Senior Planner

A public hearing regarding proposed amendments to the Comprehensive Zoning

Ordinance text regarding Office and Business Parks Zone (OBP), Residential Uses, and

Downtown Mixed Use Zone (DMX) was conducted. The public hearing was legally

advertised on May 4th and May 11th, 2005 in The Enterprise newspaper. Staff provided

background, findings, and also the recommendations submitted by the Planning

Commission which are further are outlined in the staff report dated May 19, 2005. A

Page 12: Commissioner Jarboe moved, seconded by … 052405.pdfand Catnip Court (862’). Commissioner Mattingly moved, seconded by Commissioner Jarboe, to approve and authorize the Commissioner

map of the area primarily discussed was reviewed, and was referred to as “The Wedge”,

which is the area outlined in the 1999 Lexington Park/Tulagi Place Master Plan.

Discussion included concern that the 49%-51% component may not be the right mix, that

the amendments would not apply to all OBP Zones, home occupations would be allowed

in some areas and not others, and the potential for an overwhelming increase in town

homes in the OBP.

The Commissioner President opened the public hearing for testimony, with the following

individuals speaking:

Dr. Kristen Sheeran, 43244 Gum Spring Drive, Leonardtown – Dr. Sheeran is an

economist at St. Mary’s College, and closely follows land use issues of the county.

Outlined concern that the county does nothing to create incentives to increase TDRs and

asked Commissioners to listen carefully to the comments/recommendations of the Task

Force. Outlined ways to create TDR demand by creating incentives and making it too

difficult and/or expensive to develop in those areas.

Larry Day, Piney Point – Cannot stop growth, but we can work together to control

growth. Encouraged Commissioners to listen to the Task Force recommendations.

Stated that the Development District is the most expensive to develop and outlined his

reasoning for this.

Bill McKissick, Dugan, McKissick, Wood, & Longmore – Stated that the county needs to

encourage development toward the south. RMX at 5 units per acre will not work, and ten

encourages developers to go to a higher density development and then TDR’s do get

utilized. RL district already allows ten. Asked Commissioners to develop incentives to

encourage development in the Development District.

Page 13: Commissioner Jarboe moved, seconded by … 052405.pdfand Catnip Court (862’). Commissioner Mattingly moved, seconded by Commissioner Jarboe, to approve and authorize the Commissioner

John Parlett, CMI, 29962 Killpeck, Charlotte Hall – Endorses Bill McKissick’s remarks

re 49% and ten units per acre as a base density. The Development District is some of the

most expensive property in the county, and single family residential building is not

economically feasible. With only eight town homes per acres, won’t have too many town

homes. Outlined numerous issues that he previously outlined to the Planning

Commission that were not in the recommendation, including: educational facilities

should be permitted as long as not in the AICUZ; maintenance & repair services minor –

include; #64 personal mini-storage – include due to many apartments & higher density

homes; #68 recreational facility minor – include, such as gym or pool in condo buildings;

#77 – restaurant or tavern – include small facilities; #78 & 79 – warehouses not included

- look at Bradley Blvd warehouse which is 60,000 sq. ft. and was needed for storage for

the Navy base; maximum footprint of the building in the OBP – need to encourage larger

as we want jobs here; need to provide incentives to build in the Development District and

disincentives to go into the RPD. Chamber of Commerce is ready to help with this

process so that it can move forward.

Linda Vallandingham, 21705 Indian Bridge Road, California – Need to create a demand

for TDRs. Asked if adequate public facilities considered and the impact caused to roads

and schools. Reduce to five or less.

Joseph Wood, 39136 Avie Lane, Mechanicsville, President, St. Mary’s County Farm

Bureau – Endorses TDRs, and the plan by the Chamber of Commerce for use of TDRs in

the RPD, although not the best plan, it is good. Stated that changing the density without a

TDR won’t work, and there is

a need to create a market for TDRs. Need to embrace TDRs not as an expense, but a

preservation effort.

Bubby Norris, 26678 Hurry Road, Chaptico – Worked with team to develop the TDR

proposal, and a plan needs to be developed to encourage TDRs; thinks five would be

adequate. Sees no reason to limit the numbers developed in OBP as it is addressed in

other areas. (Submitted letter from Agricultural Commission for the record)

Page 14: Commissioner Jarboe moved, seconded by … 052405.pdfand Catnip Court (862’). Commissioner Mattingly moved, seconded by Commissioner Jarboe, to approve and authorize the Commissioner

Robert Jarboe, 20040 Pear Hill Road, Leonardtown – Stated that we need the TDR

program, and that he agrees with the first speaker’s points.

Donald Strickland – 46033 Strickland Road, Great Mills – In support of the TDR

program, and agrees with Mr. Parlett’s comments and also the Chamber of Commerce.

He wants land to be preserved, and suggests maybe moving the TDR limit up to test it

out.

Guy Curley, 22501 Iverson Drive, Great Mills – In support of the OBP legislation as

submitted. Agrees also with Mr. Day and Mr. Parlett. Folks prefer to live, work, and

play in the same area. To penalize for building at the highest density is not right. There

may be a way to scale TDRs or phase TDRs. Contracts of sale on properties need to

outline what is or is not allowed. Believes the mix of 49 & 51 will work.

Commissioner President McKay closed the public hearing as there were no other

speakers present. The matter will remain open for a period of ten days, and will then be

placed on an agenda for discussion and a final decision.

Commissioners requested the following - LUGM to include in Public comments - 1)

written comments by Joe Densford, 2) Nancy McAllister written comments, 3)

Agricultural Commission written comments, 4) Commissioner Raley asked for a

memo/report from DECD in regards to the 49%-51% issue, & 5) Commissioner

Mattingly would like a copy of the video of the two or three Planning Commission

hearings where the portion of hearing(s) pertain to this issue.

PUBLIC HEARING: PROPOSED REALIGNMENT OF BROWN ROAD,

COUNTY ROUTE 30224

Present: George Erichsen, Director

Page 15: Commissioner Jarboe moved, seconded by … 052405.pdfand Catnip Court (862’). Commissioner Mattingly moved, seconded by Commissioner Jarboe, to approve and authorize the Commissioner

Mr. Erichsen read the Notice of Public Hearing, reporting that advertisement for the

public hearing occurred in The Enterprise newspaper on May 13 and May 20, 2005. A

draft Resolution was presented which would allow for the realignment of Brown Road,

County Route 30224. The primary purpose for the road realignment is that of safety,

both horizontally and diagonally.

Brown Road is located in the third election district, in accordance with frontage

improvement requirements per Section 6.9 of the St. Mary’s County Road Ordinance No.

76-7 as amended, related to the development of Forrest Farm Subdivision, Section 3,

Phase 5. The length of realignment is approximately 1,076 feet fronting the Forrest

Farm Subdivision. There would be no cost to the

county and the developer has posted bonds for work via a Construction Permit in the

amount of $85,000 and a Grading Permit in the amount of $12,000. The project would

be done over the summer and would be completed prior to the beginning of school.

The Commissioner President opened the public hearing for testimony, with the following

individuals speaking:

Cheri Taylor, 42840 Lytle Lane, Leonardtown – Outlined problems with a sand and

gravel business which is located on Indian Bridge Road, as Brown Road is not wide or

safe enough for their trucks to travel. The license for the business to do this was

discontinued. Ms. Taylor is concerned that repairing turns on Brown Road would allow

the sand and gravel business to regain the license and travel the road. Also, a notice was

posted on one end of the road, and not the other, and some people living on the road only

normally go out one end, and would have missed the posted notice.

Deanna Norris, 42843 Jetson Lane, Hollywood – Stated that realigning the road will open

a race track on Brown Road and that her son was nearly hit once. She stated that she has

a runoff problem with a pond and is afraid her road will be washed out after the

realignment. Also stated that in the morning and evening it’s very hard to get in and out

of her driveway, and this might make it worse.

Page 16: Commissioner Jarboe moved, seconded by … 052405.pdfand Catnip Court (862’). Commissioner Mattingly moved, seconded by Commissioner Jarboe, to approve and authorize the Commissioner

Commissioners asked DPW&T to look into drainage issues outlined by Ms. Norris and to

provide follow up regarding the matter to the Commissioners.

Commissioner President McKay closed the public hearing as no one else was present to

speak. The record will remain open for written public comment for ten days, and will

then be placed on an agenda of the Board of County Commissioners for

discussion/decision.

VOTE TO MOVE INTO EXECUTIVE SESSION

Commissioner Raley moved, seconded by Commissioner Dement, to move into

Executive Session in order to discuss matters of Real Property and Personnel, as

provided for in Article 24, Sections 4-210(a)11 and 1. Commissioner Jarboe voted

against the motion; all others voted in favor. Motion carried, 4-1.

Donna Gebicke recorded the following portion of the minutes:

EXECUTIVE SESSION

Real Property

Present: Commissioner Thomas F. McKay, President

Commissioner Kenneth R. Dement

Commissioner Lawrence D. Jarboe

Commissioner Thomas A. Mattingly, Sr.

Commissioner Daniel H. Raley

George Forrest, County Administrator

John Norris, County Attorney

Joyce Malone, Real Property Manager

Phil Rollins, Director, Rec., Parks & Community Service

Page 17: Commissioner Jarboe moved, seconded by … 052405.pdfand Catnip Court (862’). Commissioner Mattingly moved, seconded by Commissioner Jarboe, to approve and authorize the Commissioner

Donna Gebicke, Recorder

Authority: Article 24, Section 4-210(a)11

Time Held: 1:20-1:44 pm

Action Taken: The Commissioners discussed real property matter.

Personnel

Present: Commissioner Thomas F. McKay, President

Commissioner Kenneth R. Dement

Commissioner Lawrence D. Jarboe

Commissioner Thomas A. Mattingly, Sr.

Commissioner Daniel H. Raley

George Forrest, County Administrator

John Norris, County Attorney

Patrick Walsh, Director, Public Safety Dept.

Donna Gebicke, Recorder

Authority: Article 24, Section 4-210(a)1

Time Held: 1:45 – 2:00 pm

Action Taken: The Commissioners discussed personnel matter.

Personnel

Present: Commissioner Thomas F. McKay, President

Commissioner Kenneth R. Dement

Commissioner Lawrence D. Jarboe

Commissioner Thomas A. Mattingly, Sr.

Commissioner Daniel H. Raley

George Forrest, County Administrator

John Norris, County Attorney

Donna Gebicke, Recorder

Page 18: Commissioner Jarboe moved, seconded by … 052405.pdfand Catnip Court (862’). Commissioner Mattingly moved, seconded by Commissioner Jarboe, to approve and authorize the Commissioner

Authority: Article 24, Section 4-210(a)1

Time Held: 2:00 2:09 pm

Action Taken: The Commissioners discussed personnel matter.

Kate Mauck recorded the remaining meeting minutes:

VOTE FROM EXECUTIVE SESSION

Commissioner Raley moved, seconded by Commissioner Mattingly, to direct staff to

proceed as discussed on matters of Personnel and Real Property/Acquisition.

Commissioner Mattingly did not respond to the motion; Commissioners Dement,

Raley, Jarboe, and McKay voted against the motion. Motion failed.

Commissioner Raley moved, seconded by Commissioner Jarboe, to direct staff to

proceed as discussed on the matter of Personnel. Motion carried, 5-0.

DEPARTMENT OF LAND USE AND GROWTH MANAGEMENT

Present: Jeff Jackman, Senior Planner

DECISION REGARDING PROPOSED AMENDMENT TO THE COMPREHENSIVE

WATER & SEWER PLAN: CWSP #04-120-039, THE CROSSINGS AT RIVERSIDE

FARM, AND PRESENTATION OF RESOLUTION

The matter of the decision regarding a proposed amendment to the Comprehensive Water

and Sewer Plan, CWSP #04-120-139, the Crossings at Riverside Farm, was presented by

the Department of Land Use and Growth Management. A public hearing regarding the

Page 19: Commissioner Jarboe moved, seconded by … 052405.pdfand Catnip Court (862’). Commissioner Mattingly moved, seconded by Commissioner Jarboe, to approve and authorize the Commissioner

matter was conducted on April 19th, with the recordation process ending on April 29,

2005. No written public comments were received during the comment period.

The project is located in the Drayden/Great Mills community and is listed in the

Comprehensive Plan as RPD. Proposed water is RW, and there are 48 lots planned. The

proposal would amend service map III-58, and the property is described as Tax Map 58,

Grid 20, Parcel 98, in the Second Election District.

Commissioner Mattingly pointed out that they have been asking for many months for the

matter of TDRs to be brought to the table accompanied by the issues surrounding TDRs

and recommendations, and that although the matter today on the surface appears to

involve only water and sewer category issues, it goes far beyond that. Mr. Canavan

reported that the Planning Commission would be reviewing the TDR recommendations

of the task force at their next meeting, and it would soon be forwarded to the Board of

County Commissioners.

Commissioner Mattingly moved, seconded by Commissioner Raley, to approve and

sign the Resolution for CWSP #04-120-039, The Crossings at Riverside Farm.

Commissioners Mattingly, Raley, and McKay voted in favor of the motion;

Commissioners Jarboe and Dement voted against the motion. Motion carried, 3-2.

DECISION ON PROPOSED CHANGES TO USER FEES & PRESENTATION OF

ORDINANCE

(Continued from the morning session)

Present: Denis Canavan, Director, Land Use and Growth Management

Harry Knight, Permits Coordinator

Mr. Canavan presented the current list of User Fees, provided information and responded

to questions asked earlier in the day by Commissioners. The current fees were compared

with the proposed new fees, and were discussed in detail.

Page 20: Commissioner Jarboe moved, seconded by … 052405.pdfand Catnip Court (862’). Commissioner Mattingly moved, seconded by Commissioner Jarboe, to approve and authorize the Commissioner

Commissioner Raley moved, seconded by Commissioner Mattingly, to approve and

sign the Ordinance authorizing the change of User Fees as outlined, with the

exception of changing the fees for Board of Appeals Actions-Appeal to the current

User Fee, plus the advertising fee and Board of Appeals Actions-Expansion of Non-

Conforming Use to the current User Fee, plus the advertising fee. Motion carried,

5-0. (The two items are on page 3 of the User Fee Ordinance)

BUDGET WORK SESSION

The Board of County Commissioners conducted a Budget Work Session after the

conclusion of the meeting.

ADJOURNMENT

The meeting adjourned at 3:05 p.m.

Minutes Approved by the Board of County Commissioners on ______

_______________________________________

Kate Mauck, Senior Administrative Coordinator

Page 21: Commissioner Jarboe moved, seconded by … 052405.pdfand Catnip Court (862’). Commissioner Mattingly moved, seconded by Commissioner Jarboe, to approve and authorize the Commissioner

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